After enduring the seeming harassment of a 75-page briefing requesting 22 rebuttal witnesses for next week, presiding Judge Lucy Koh changed her tone, no longer looking to give Apple any courtroom promotion. In fact the filing had Judge Koh inquiring whether Apple attorneys had been busy scoring some coke.

She asked Apple why they would present her the document "when unless you're smoking crack you know these witnesses aren't going to be called!"

But Apple attorney William Lee insists that he wasn't looking for the free crack giveway, commenting, "First, your honor, I'm not smoking crack. I can promise you that."

He argued that a couple of the witnesses on his lists were Samsung's. As Samsung and Apple's legal teams then fell into a noisy legal argument, she exclaimed, according to a courtroom reporter for The Verge, "I'm billing time because you all are being unreasonable."

Judge Koh had already pushed both sides to cut down on the time of their arguments, saying the court could not devote itself to being a full-time Apple v. Samsung court. Apple tested the waters last week, asking Judge Koh to allow a rebuttal witness, designer Susan Kare, after its early design witnesses had struggled under cross-examination.

But Apple said Ms. Kare couldn't return to court until next week due to "family matters".

Irritated, Judge Koh told Apple's team that unless Ms. Kare could come this week, she wouldn't be coming at all. But Apple's lawyers apparently couldn't take the hint, requesting even more witnesses for next week on Thursday.

Judge Posner initially seemed inclined to listen to Apple's infringement claims, but after Apple insisted on appealing every single decision -- even its own victories -- with a slew of junk filings, his sentiments shifted sharply. With both sides quibbling and unable to reach a settlement, he decided the best course of action was to toss out both sides' cases. He dismissed the lawsuits "with prejudice".

As Judge Koh experiences a similar "eye opening" experience regarding Apple legal's policy of irritating filings, one has to wonder whether Apple v. Samsung might face a similar fate.

She has shown too much bias in this case already with the order for Samsung to destroy and never reveal its evidence because it was filed late. No funny, out of character remarks she makes is going to restore my faith in her.

And as for the patent/trademark system, until stuff like Christian Louboutin's trademark on red-soled womens' sh0es stop getting the stamp of approval at the USPTO, I'll have no faith in that system either. (At least he Louboutin lost that law suit.)

-----

Ok, seriously DailyTech? I tried to post this message about 20 times, each time just getting taken back to the article screen with no clue what happened. Then I remembered someone else's post complaining about some language filter thing that made him type sh0es instead of s h o e s. I see people type the f-bomb all day here. Worst part is, I had no clue I was being filtered so I had no idea this wasn't a server error. You seriously need to fix this system if your users are at all important to you. Oh, and while I'm at it, please get rid of the popularity contest rating/censorship system. It really lowers the quality of this site.

I discovered the problem with the forbidden s h o e word a while back when I tried to use the phrase 'when the other s h o e drops" only to be blocked by the spam filter. It took ages to work out what was happening because who would have thought that a word like s h o e would be blocked.